Indian Constitution: Key Features

• The Indian Constitution is the longest written constitution in the world, containing 395 articles in 22 parts and 12 schedules.
• It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950.

Unique Features

• India's Constitution is both written and detailed, unlike some unwritten constitutions such as that of the UK.
• It is a blend of rigidity and flexibility, allowing amendments but also protecting fundamental principles.
• India adopted a parliamentary system of government, drawing inspiration from the British parliamentary model.
• The Constitution establishes a sovereign, socialist, secular, and democratic republic.
• It incorporates a list of Fundamental Rights, ensuring civil liberties and freedoms for all citizens.
• Directive Principles of State Policy outline social and economic goals for the government to achieve a welfare state.
• It lists Fundamental Duties that every citizen is expected to uphold.
• India's Constitution establishes a secular state, treating all religions equally.
• It provides for a single citizenship for all Indians, promoting unity and national identity.
• The Constitution establishes an independent judiciary to interpret the law and protect citizens' rights.
• India follows a system of universal adult franchise, granting every citizen the right to vote regardless of social status, gender, religion, or race.
• It provides for emergency provisions to deal with extraordinary situations that threaten the security, stability, or integrity of the country.
• The Constitution establishes a three-tier system of government, including local governments in addition to the central and state governments.

Lengthy Constitution

• The Indian Constitution is comprehensive due to historical, geographical, and single constitution reasons.
• Historical factors include the influence of the Government of India Act of 1935, which was detailed and extensive
• Geographical diversity and vastness made it necessary to include provisions for various regions and communities.
• A single constitution for both the Union and the States (except Jammu and Kashmir, until recently) added to its length.
• The inclusion of elaborate fundamental rights, directive principles, and other detailed provisions contributed to its size.
• Legal luminaries in the Constituent Assembly ensured precision and clarity, adding to the document's length.

Blend of Rigidity and Flexibility

• A rigid constitution requires a special procedure for amendment, as in the United States.
• A flexible constitution can be amended through ordinary legislative process, like in the United Kingdom.
• Article 368 provides for two types of amendments: by a special majority of Parliament and by ratification by the states.
• Some provisions can be amended by a simple majority of Parliament, outside the scope of Article 368.
• This balance ensures that the Constitution can adapt to changing needs.

Parliamentary Form of Government

• India adopted the parliamentary system from Britain, characterized by a nominal head (President) and a real executive (Prime Minister).
• The executive is responsible to the legislature, ensuring accountability.
• The parliamentary system promotes cooperation and coordination between the legislative and executive branches.

Federal System with Unitary Bias

• India is a federation because it has two governments, division of powers, written constitution, supremacy of the constitution, rigidity of the constitution, independent judiciary and bicameralism.
• The Indian Constitution leans towards a strong central government, especially during emergencies.
• Features like a single constitution, single citizenship, and integrated judiciary reinforce the unitary character. The Centre has more powers than the States.

Fundamental Rights

• Fundamental Rights are enshrined in Part III (Articles 12-35) of the Constitution.
• These rights guarantee civil liberties, preventing the encroachment of state upon individual liberty.
• The list includes Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
• These rights are justiciable, allowing citizens to approach the courts for enforcement.

Directive Principles of State Policy

• Contained in Part IV of the Constitution, these principles guide the state in formulating policies.
• They aim to establish social and economic democracy, promoting a welfare state.
• Directive Principles are non-justiciable, meaning they cannot be enforced by the courts.
• They serve as ideals that the government should strive to achieve.

Fundamental Duties

• Added by the 42nd Amendment in 1976, these are listed in Part IVA of the Constitution.
• They include respecting the Constitution: national flag and national anthem, protecting sovereignty, unity and integrity of India
• Cherishing ideals of freedom struggle, defending the country and promoting harmony.
• Protecting the environment, developing scientific temper, safeguarding public property, and striving for excellence.
• They remind citizens of their obligations towards society and the nation.

Secular State

• India is a secular state as enshrined in the Preamble, guaranteeing religious freedom to all.
• The State treats all religions equally and does not officially promote any particular religion.
• Article 25 guarantees freedom of conscience and free profession, practice, and propagation of religion.
• Article 26 gives every religious denomination the right to manage its own affairs in matters of religion.
• Article 27 prohibits taxes for promotion of any particular religion.
• Article 28 prohibits religious instruction in government-run educational institutions.

Universal Adult Franchise

• Every citizen who is 18 years or older has the right to vote, without any discrimination.
• This ensures mass participation in the democratic process.
• It promotes political equality and accountability of the government to the people.

Emergency Provisions

• These provisions, detailed in Part XVIII of the Constitution, enable the Central government to deal with extraordinary situations.
• National Emergency (Article 352) can be declared due to war, external aggression, or armed rebellion.
• State Emergency (Article 356), also known as President's Rule, can be imposed if a state government fails to function according to the Constitution
• Financial Emergency (Article 360) can be declared if the financial stability or credit of India is threatened.
• During an emergency, the Central government gains more power, and fundamental rights can be suspended.

Three-Tier Government

• The Constitution (73rd and 74th Amendment) Acts of 1992 added a third tier of government: Panchayats (rural local bodies) and Municipalities (urban local bodies).
• This promotes democratic decentralization, empowering local communities to participate in governance.
• It ensures that government functions at the grassroots level.
• Local governments are responsible for local planning and development.